An Act concerning the Kansas development finance authority;
relating to the financing of
certain projects of statewide as well as local importance; amending
K.S.A. 2000 Supp.

74-8930 and 74-8922 and repealing the existing
sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 74-8930 is hereby
amended to read as follows: 74-
8930. Within one year of the commencement of construction
of any pro-ject of statewide as well as local importance as defined in
K.S.A. 74-8902and amendments thereto, located within a county which
according to the1990 decennial census contained a population greater than
25,000,120days of the effective date of this act, developer of a
project of state-wideas well as local importance shall reimburse the unified
government of
Wyandotte county for cash investment in the project as documented
to
and determined by the secretary of commerce and housing.

Sec. 2. K.S.A. 2000 Supp. 74-8922
is hereby amended to read as
follows: 74-8922. (a) If the developer proposes to undertake a
project of
statewide as well as local importance within a redevelopment
district es-
tablished pursuant to K.S.A. 2000 Supp. 74-8921, and amendments
thereto, the developer shall prepare a redevelopment plan. The
redevel-
opment plan shall include:

(1) A summary of the feasibility study
required by K.S.A. 2000 Supp.
74-8921, and amendments thereto;

(2) a reference to the redevelopment
district established under
K.S.A. 2000 Supp. 74-8921 and amendments thereto;

(3) a comprehensive description of the
project of statewide as well as
local importance;

(4) a description and map of the area to
be redeveloped;

(5) a detailed description of the
buildings and facilities proposed to
be constructed or improved in such area; and

(6) any other information the authority
deems necessary to advise the
public of the intent of the plan.

(b) A copy of the proposed redevelopment
plan shall be delivered by
the developer to the authority, the secretary of commerce and
housing
and the board of county commissioners of the county in which the
re-
development district is located, and the board of county
commissioners
shall determine, within 30 days after receipt of the plan, whether
the plan
as proposed is consistent with the comprehensive general plan for
the
development of the area. If the proposed redevelopment plan is not
con-
sistent with the comprehensive general plan, the board of county
com-
missioners shall provide its comments and objections to the
authority,
which shall modify, approve or deny the plan. If the redevelopment
plan
is consistent with the comprehensive general plan of the county,
then the
authority may adopt the redevelopment plan by a resolution passed
by a
majority of the board of directors of the authority. Any
substantial changes
to the plan as adopted shall be made in the same manner, with
notice
and approval of the board of county commissioners and adoption of
a
resolution by the authority. A redevelopment plan may be adopted by
the
authority, pursuant to these procedures, at the same time that the
au-
thority establishes the redevelopment district under K.S.A. 2000
Supp.
74-8921, and amendments thereto. Any redevelopment plan which
pro-
poses to undertake a project of statewide as well as local
importance in a
county which according to the 1990 decennial census contained a
popu-
lation greater than 25,000 shall be adopted prior to July 1,
20012001 or,if a developer has complied with the provisions of K.S.A.
74-8930 andamendments thereto, 2002.

(c) (1) Under no circumstances
shall the state of Kansas, any of its
political subdivisions, the Kansas development finance authority or
any
unit of local government assume responsibility or otherwise be
respon-
sible for any environmental remediation which may be required to
be
performed within the redevelopment district designated through any
re-
development plan. Any person or entity, other than the state, an
instru-
mentality of the state, or a unit of local government, who proposes
to take
legal title to land which is located at a site designated as a
federal enclave
prior to January 1, 1998, for the purpose of developing a project
of state-
wide as well as local importance shall: (1) prior to taking such
title, enter
into a consent decree agreement with the Kansas department of
health
and environment or the United States environmental protection
agency
under which such person or entity expressly agrees to be
responsible for
and to complete the remediation of all environmental contamination
of
such land according to established standards and levels for
appropriate
property uses, except that part, if any, of the remediation which
is, by
agreement approved by the governor, to be retained by the federal
gov-
ernment or any agency thereof and (2) prior to taking title to any
of the
land, provide prepaid third-party financial guarantees to the state
or an
instrumentality thereof sufficient in form and amount to insure
full and
complete remediation of all of the land within the federal enclave
as
required in the consent decree agreement. Nothing in this section
is in-
tended and shall not be construed to relieve the United States
army, the
federal government or any agency thereof from any duty,
responsibility
or liability for any contamination or remediation of the land as
may be
imposed or required under state or federal law; and

Prior to taking title, possession or otherwise
exercising control over the
land within a former federal enclave or in any other way exposing
the
state to potential liability for environmental remediation of such
property,
the state or any instrumentality of the state shall obtain the
written opin-
ion of a competent attorney, specializing in environmental law and
main-
taining professional liability insurance, regarding the state's
potential li-
ability resulting from taking title, possession or otherwise
exercising
control over the land.

Sec. 3. K.S.A. 2000 Supp. 74-8922 and 74-8930 are
hereby repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.